Broker Not Liable for Bats in Tenant's Apartment

Tenant sued her real estate broker for breach of contract, fraud, aiding and abetting fraud, negligence, negligent misrepresentation, fraudulent concealment, and negligent infliction of emotional distress. Shortly after tenant moved in, she saw a bat flying around the apartment. The super caught it and told her this was unusual. But four nights later in the apartment, a bat scratched tenant's head. Tenant immediately sought medical treatment, and she appeared to have other marks indicating bat bites or scratches. Tenant received rabies shots, suffered severe anxiety, and lived elsewhere after the incidents. Tenant claimed that the broker knew or should have known about a bat infestation in her apartment and willfully failed to warn her. She lived in the apartment with bats for a week while being exposed to disease and fear of disease.

The court ruled against tenant and dismissed the case. Tenant claimed that the broker entered into a binding oral agreement to obtain a habitable apartment for her. But tenant had signed a Broker Commission Agreement stating that she was taking the apartment "as is" and that it was "not sanitized." In response to tenant's question while viewing the apartment, the broker also had advised tenant that any New York City building could have rodents and pests but that the building provided extermination services. Some of tenant's claims also should be directed at the landlord, not the broker. Tenant had filed a separate action against landlord. 

Katehis v. Sovereign Associates, Inc.: 44 Misc.3d 1220(A), 2014 NY Slip Op 51215(U) (Sup. Ct. NY; 8/11/14; Edmead, J)